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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is there a way to adjust my status from DACA to a green card or even an immigrant visa if i was inspected at entry(Visa

Or maybe through my brother who is a green card holder? I'm married to someone who's also in my condition and we have 2 kids born here.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

It's best to discuss the facts of your case with an immigration attorney.

Also see: https://search.uscis.gov/search?utf8=%E2%9C%93&affiliate=uscis_gov&query=daca&commit=

The best first step is an Initial Consultation with an Attorney. This answer does not...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: How to answer question 22 on I-130 Form?

I am an asylum applicant waiting for an interview date since 3 years, now i got married to a US citizen and she want to fill for me.

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 20, 2016

You might get more response if you ask the question. Even though I have been an immigration attorney for 30 years and filed many I-130's I do not have the corresponding tubers memorized for each question.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Applied for a F2A visa for my wife and it was approved. Now at the NVC and they stated no visas avail, isn't it unlimitd

I am a permanent resident and the petition was approved 30 days ago from the CSC and it was sent to the NVC. Now they are saying that no visas are available but I thought it was unlimited for this type of category? How do I know what is the processing time if it is not at a servicing center? Did... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

See: https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html#22

The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: 26 year old female from Ireland Bachelors degree in chemical and pharmaceutical science from Dublin city university.

Hi,

I am currently on OPT after completing an associates degree in biotechnology. I work for a non profit biologics company in Boston who has recently submited my application for H1B sponsorship. As well as my associates degree I also have an honors in a bachelors degree in chemical and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

See: https://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupation/understanding-h-1b-requirements

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions,...
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1 Answer | Asked in Immigration Law and Divorce for Massachusetts on
Q: I'm married with a US citizen for 2.5 years . I'm still with the 2 years green card . Can I divorce for mental abuse ?

My wife is an alcoholic for almost 2 years..

and has a 16 years old daughter that constantly abuse my wife and I... ( she also uses drugs in the house) but my wife keeps defending her daughter not matter what ..

I feel like I'm being abuse daily for not being considered

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

You can file for a restraining order and/or divorce. You can report the abuse to the police.

Also see: https://www.whitehouse.gov/sites/default/files/docs/vawa_factsheet.pdf

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law...
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1 Answer | Asked in Immigration Law and Criminal Law for Massachusetts on
Q: Influencing people to immigrate illegally is an act of conspiracy and treason against USA.

When a foreigner becomes a citizen by naturalization. They may lose citizenship for specific crimes. some of these would be treachery and conspiracy against the country. So when someone encourage and promote illegal immigration, illegal work. And provides these people with illegal consulting... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

It sounds like it would be a violation of federal immigration laws, at the very least. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: When must i file my marriage papers?

Foreigner and married a citizen. Currently on status and have a pending petition on my next property. I was wondering when must i file my papers? And should i discontinue my contract to my next property?

Matthew J Hartnett
Matthew J Hartnett
answered on Oct 16, 2016

You should schedule a consultation with an immigration attorney to discuss when is the right moment to file for adjustment of status. Many of us offer free consultations. I hope this answers your question. Basically, you should discuss this more in detail with a lawyer in a private consultation... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is it legal for ICE to stop random people on the street asking for their paperwork? Can illegal immigrants be arrested?
Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 27, 2016

Yes, it is legal and illegal immigrants can be arrested by ICE officials. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates -...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: F1 student currently on my opt that expires in two months.can I marry my American fiancé in 60 grace period

My opt expires in September 2016. Can I get married to my fiancé who is American citizen in 60 day grace period? If yes should I file for aos within that 60 day period or can i do that once my grace period ends? Would you recommend me getting married in 60 day grace period or is it better to get... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 11, 2016

Getting married before or after or during grace period does not change anything. If you entered the U.S legally and married a U.S citizen you shouldn't have any problems applying for your residency. Apply for residency at least within a month after your marriage so you could get your green... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: How to I extend the expiration date of my J1 visa? (Physician)

I'm an international physician, about to begin my training in the US for the next 3 years. I applied for and got a J1 visa but it expires in 2 months, this is a problem as i can't leave the country without having to apply for a visa again, and i plan to travel to other countries and not... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 10, 2016

You may have to apply for a change or status or extension. Both of them are going to cause some issues if you travel to different countries if you do not have them stamped on your visa. I suggest talking to an immigration attorney to find out what is the best way to approach this situation. Many... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Does marriage affects my naturalization prospects?

I had obtained a green card through NIW process about 3.5 years ago. Now i am about to marry a US citizen. How does it affect my naturalization prospects ?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 1, 2016

This may not have a big impact on your naturalization process as long as you do not apply for a green card through your fiance. Better talk to an immigration attorney in private via email or phone to get answer to your questions. Many immigration attorneys including me offer free consultations,... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I married my cousin in Boston, MA, if I do the petition for him, he can have his green card without any problem. Thanks.

We have been together almost 2 years.

Shan Dimitris Potts
Shan Dimitris Potts
answered on May 19, 2016

What is your immigration status? You need an immigration attorney, this case could be tricky. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Bring biological mother to the US without birth certificate

Hi All, I wish to bring my biological mother to the states by filling an I-130. I was brought to the US at the age of 5 by my father and stepmother but they had used a birth certificate that replaced my biological mother with my stepmothers name. I attempted to reach out to my country of... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on May 22, 2016

The stated facts create a complex case, and are insufficient to provide legal advice.

You should sit down with an experienced immigration attorney for consultation. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Massachusetts on
Q: If my husband only had a 2 years green card can he leave the country to visit and than come back to the United states

Is there forms he will need or is his passport and green card ok

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 15, 2016

If the travel is for less than 6 months your husband will be fine. He just needs to take his green card and passport.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: How long does it take for I-130 (without I-485) to get the approval?

I know this question has been asked hundreds of times. But what if we send just G-325A (Biographic Information) and I-130 (Petition for Alien Relative) plus documents such as marriage certificate, photos and copy of petitioner's US passport. On December 2, 2015, they received I-130 at our... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Mar 3, 2016

There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: How do i go about bringing my husband's younger sister here to America?

My husband I are going through immigration process now and would like for his sister to come to the US also how would I go about some ng something like that? Thank you!

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 12, 2016

Your husband will have to finish his green card process first, wait for 4 years 9 months get a citizenship and then sponsor his sister. You cannot directly sponsor his sister. She can however get a tourist visa on her own to come visit you and her brother. I suggest talking to an immigration... View More

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My father is a American citizen and he gave me residence how long can I apply for amrican citizen please? .
Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 2, 2016

You can apply for your citizenship after 4 years and 9 months if you maintain your resident status and also maintain a clean criminal record. If you have more questions I suggest talking to an immigration attorney to assist you with this matter. Many immigration attorneys including me offer free... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Applying H4-COS while H1b amendment processing.

I am working with employer X from 2014 on h1b with i797 validity till 2017 and he recently filed h1b amendment which is still in process. Now I decided to change my status to H4, So I am asking my husband to file H4-COS, H4-EAD along with his H1b extension in premium process next week from his... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 2, 2016

You have to listen to your husband's attorney. There is a possibility that your H1B amendment gets cancelled which makes your H4-COS and H4-EAD void. And remember USCIS will not refund your application fees if it gets void. So wait until your amendment is complete or withdraw your amendment... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Entering the US with a Green Card after several years

Hello, I've lived in the US for about 10 years. I was a student, then started working with OPT, then got an H1B, then extended the H1B, and eventually got a green card in 2007. However, after this, I had to leave the US for some time, and due to some personal circumstances, haven't been... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 28, 2016

You have most likely abandoned your green card, you might get a temp green card at the border or you might be asked to apply again. But it is always better to consult with an immigration attorney in private so they can verify for you before you start your trip. Many immigration attorneys including... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can someone from US Virgin Islands apply for greencard for his foreign wife?

My boyfriend and I are getting married. My boyfriend is from US Virgin Islands (He was born and raised there, but currently he's in Massachusetts). I'm a foreigner, staying in the States on a student visa (F1). My boyfriend and I met in Massachusetts. We're planning on getting... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Jan 17, 2016

The answer is it does not. Good luck

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